GOVERNMENT  OF  MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

Maharashtra Act No. III of 1978

THE MAHARASHTRA EMPLOYEES OF
PRIVATE SCHOOLS (CONDITIONS OF SERVICE)
REGULATION ACT, 1977

(As modified upto the 26th October 2015)

V

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[Price : Rs.

]

THE MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS
(CONDITIONS OF SERVICE) REGULATION ACT, 1977.

——————
CONTENTS

(i)

PREAMBLE.

SECTIONS.

1.

2.

3.

4.

Short title, extent and commencement.

Definitions.

Application of Act.

Terms and conditions of service of employees of private schools.

4A. Director’s power to hold or order holding of inquiries.

5.

6.

7.

8.

9.

Certain obligations of Management of private schools.

Obligations of Head of a private school.

Procedure for resignation by employees of private schools.

Constitution of School Tribunals.

Right of appeal to Tribunal to employees of a private school.

10. General powers and procedure of Tribunal.

11. Powers of Tribunal to give appropriate reliefs and directions.

12. Decision of Tribunal to be final and binding.

13. Penalty to Management for failure to comply with Tribunal’s directions.

14. Legal practitioners excluded from appearance.

15. Transfer of pending appeals to Tribunal.

16. Rules.

H 4111—1

1978 : Mah. III]

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977
MAHARASHTRA ACT No. III OF 1978

1

[THE MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE)
REGULATION ACT, 1977.]1

(This Act received the assent of the President on the 16th March 1978 ;
assent was first published in the
Maharashtra Government Gazette, Part IV, on the 20th March 1978)

Amended by Mah. 30 of 1987 (7-8-1987)*

Amended by Mah. 23 of 1989 (2-6-1989)*

Amended by Mah. 32 of 1990 (17-12-1990)*

Amended by Mah. 17 of 1995 (18-8-1995)*

Amended by Mah. 37 of 1997 (6-8-1997)*

Amended by Mah. 14 of 2007# (30-4-2007)*

Amended by Mah. 9 of 2012## (14-5-2012)*

An Act to regulate recruitment and condition of service of
employees in certain private schools

WHEREAS it is expedient to regulate the recruitment and conditions of
service  of  employees  in  certain  private  schools  in  the  State,  with  a  view  to
providing such employees security and stability of service to enable them to
discharge their duties towards the pupils  and their guardians in particular,
and  the  institution  and  the  society  in  general,  effectively  and  efficiently ;

AND  WHEREAS  it  is  further  expedient  in  the  public  interest  to  lay
down  the  duties  and  functions  of  such  employees  with  a  view  to  ensuring
that they become accountable to the Management and contribute their mite
for  improving  the  standard  of  education ;

1. For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1977, Part V,

Extra-ordinary, page 319.

* This indicates the date of commencement of the Act.

# Section 12 of Mah. 14 of 2007 reads as under :—

Mah. III
of 1978.

“12. (1)  Notwithstanding  anything  contained  in  the  Maharashtra  Employees  of  Private
Schools (Conditions of Service) Regulation Act, 1977, all shikshan sevaks appointed in accordance
with the provisions of the Government Resolution published in the Maharashtra Government
Gazette, Extra-ordinary, No. 12, Part I-Central Sub-Section, dated the 15th February 2007,
shall be deemed to have been appointed as base cadre shikshan sevak under the said Act, for
appointment as teachers on completion of three years service as such shikshan sevak rendered
heretobefore or heretoafter, as the case may be.

Regularisation
of
appointment
of shikshan
sevaks and
savings.

Mah.
XIV of
2007.

(2) The terms and conditions prescribed by Government for appointment of shikshan sevak,
by issuing Government Resolutions, from time to time, before the date of commencement of the
Bombay Primary Education and the Maharashtra Employees of Private Schools (Conditions
of Service) Regulation (Amendement) Act, 2007, shall continue to be in force unless modified or
revoked.”.

## Section 12 of Mah. 9 of 2012 reads as under :—

Mah. IX
of 2012.

“12. The terms and conditions prescribed by the Government for the appointment of shikshan
sevaks, by issuing Government Resolutions or orders, from time to time, before the date of
commencement of the Bombay Primary Education and the Maharashtra Employees or Private
Schools (Conditions of Service) Regulation (Amendment) Act, 2011, shall continue to be in
force unless they are modified or revoke by the Government.”.

Saving.

H 4111 -1a

2

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

[1978 : Mah. III

AND  WHEREAS  it  is  also  necessary  to  make  certain  supplemental,
incidental and consequential provisions ; it is hereby enacted in the Twenty-
eighth year of the Republic of India as follows :—

Short title,
extent and
commencement.

1.

(1) This  Act  may  be  called  the  Maharashtra  Employees  of  Private

Schools  (Conditions  of  Service)  Regulation  Act,  1977.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date† as the State Government may,

by  notification  in  the Official  Gazette,  appoint.

Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

(1) “appointed date” means the date on which this Act comes into force ;

(2) “coaching class” means any institution, other than a recognized school
conducted  by  any  person  or  body  of  persons,  by  whatever  name  called  and
established  and  administered  with  the  object  of  preparing  its  students  for
any  certificate  or  diploma  or  degree  or  any  college  or  school  course ;

(3) “college” means a college conducted  by, or affiliated to, a University

established by law in the State ;

(4)  “Department”  means  the  Education  Department  of  the  Government

of  Maharashtra ;

1[(5)  “Deputy  Director”  means  the  Deputy  Director  of  Education,  the
Deputy  Director  of  Technical  Education,  the  Deputy  Director  of  Vocational
Education  and  Training  or,  as  the  case  may  be,  the  Deputy  Director  of  Art,
appointed  as  such  by  the  Government  for  the  respective  region  or  area];

(6)  “Director”  means  the  Director  of  Education  or  the  Director  of
Technical Education 2[or the Director of Vocational Education and Training]
3[or the  Director of  Art] as the  case may  be, appointed as  such by  the State
Government ;

4[(6A) “Divisional Board” means the Divisional Board established under
the  Maharashtra  Secondary  and  Higher  Secondary  Education  Boards  Act,
1965 ;]

(7) “employee” means any member of the teaching and non-teaching staff

of  a  recognised  school 5[and  includes 6[Assistant  Teacher  (Probationary)] ;

(8) “existing private school” means a  recognised private school which is

in  existence  on  the  appointed  date ;

(9)  “Head  of  a  school”  or  “Head”  means  the  person,  by  whatever  name
called, in charge of the academic and administrative duties and functions of
a  school  conducted  by  any  Management  and  recognised  or  deemed  to  be

15th July 1981 vide G. N. E. and E. D. No. STR 1981/SE-3, Cell, dated 10th July 1981.

†
1. Clause (5) was substituted by Mah. 32 of 1990, s. 2(a).
2. These words were inserted by Mah. 30 of 1987, s. 2(b).
3. These words were inserted by Mah. 32 of 1990, s. 2(b).
4. Clause (6A) was inserted by, ibid. s. 2(c).
5. These words were inserted by, Mah. 14 of 2007, s. 10(a).
6. These  words  were  substituted  for  the  words  “shikshan  sevak”  by  Mah.  9  of  2012,

s. 10(a).

Mah.
XLI of
1965.

1978 : Mah. III]

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

3

recognised  under  this  Act,  and  includes  a  principal, vice-principal,  head-
master,  head-mistress,  assistant  head-master,  assistant  head-mistress  or
superintendent  thereof ;

(10)  “Junior  College  of  Education”  means  a  school  imparting  teacher
education to person for being appointed as teachers 1[and 2[Assistant Teacher
(Probationary)]]  in  pre-school  centres  or  primary  schools ;

(11) “local authority” means a Zilla Parishad, a Municipal Corporation, or

a Municipal Council, as the case may be ;

(12) “Management” in relation to a school, means,—

(a)  in  the  case  of  a  school  administered  by  the  State  Government,  the

Department ;

(b)  in  the  case  of  a  school  administered  by  a  local  authority,  that  local

authority ;  and

(c) in any other case, the person or body of persons, whether incorporated

or not and  by whatever name called,  administering such school ;

(13) “minority school” means a school established and administered by a
minority  having  the  right  to  do  so  under  clause  (1)  of  article  30  of  the
Constitution  of  India ;

(14) “Municipal Corporation” means a Municipal Corporation established
or constituted under the Mumbai Municipal Corporation Act, or the *Bombay
Provincial Municipal Corporations Act, 1949, or the City of Nagpur Corporation
Act, 1948 ;

(15)  “Municipal  Council”  means  a  Municipal  Council  established  or

constituted  under  the  **Maharashtra 3[Councils]  Act,  1965  ;

(16)  “pre-school  centre”  means  an  institution,  by  whatever  name  called,
which  provides  education  for  children  who  have  attained  the  age  of  three
years but have not attained the age of six years ;

(17)  “prescribed”  means  prescribed  by  rules ;

(18) “primary education” means education imparted in such subjects and
upto  such  standards  as  may  be  determined  by  the  State  Government,  from
time to time, located either in  a primary or a secondary school ;

(19) “primary school” means a recognised school, or a part of such school,

in  which  primary  education  is  imparted ;

Bom.
III of
1888.

Bom.
LIX of
1949.
C.P.
and
Berar
II of
1950.

Mah.
XL of
1965.

1.
2.

These words were inserted by Mah. 14 of 2007, s. 10(b).
These words were substituted for the words “shikshan sevak” by Mah. 9 of 2012,
s. 10(b).
This word was substituted for the word “Municipalities” by Mah. 18 of 1993, s. 2.
Now see The Maharashtra Municipal Corporations Act (LIX of 1949).

3.
*
** Now see The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships

Act, 1965 (Mah. XL of 1965).

4

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

[1978 : Mah. III

1[(20)  “private  school”  means  a  recognised  school  established  or
administered    by  a  Management,  other  than  the  Government  or  a  local
authority*;]

2[(21)  “recognised”  means  recognised  by  the  Director,  the  Divisional
Board  or  the  State  Board,  or  by  any  officer  authorised  by  him  or  by  any  of
such  Boards ;]

3[

 *

*

*

*]

(23) “rules” means the rules made  by the State Government under this

Act ;

4[(24)  “School”  means  a  primary  school,  secondary  school,  higher
secondary  school,  junior  college  of  education  or  any  other  institution  by
whatever  name  called  including  technical,  vocational  or  art  institution  or
part  of  any  such  school,  college  or  institution,  which  imparts  general,
technical, vocational, art or, as the case may be, special education or training
in  any  faculty  or  discipline  or  subject  below  the  degree  level ;]

5[(24A ) 6[“Assistant  Teacher  (Probationary)”]  means  a  member  of  base
teaching  cadre  appointed  on  honorarium  and  subject  to  such  terms  and
conditions  as  specified  in  the  Government  Resolution  published  in  the
Extraordinary,
Maharashtra 
No. 12, Part I- Central Sub-Section, dated the 15th February 2007, for eventual
appointment  as  a  teacher ;]

Government 

Gazette , 

(25) “State Board” means,—

(a)  the  Maharashtra  State  Board  of  Secondary  and  Higher  Secondary
Education  established  under  the  Maharashtra  Secondary  and  Higher
Secondary  Education  Boards  Act,  1965 ;

Mah.
XLI of
1965.

(b) the Board of Technical Examinations, Maharashtra State ;

(c) the Maharashtra State Board of Vocational Examinations ; or

(d)  the  Art  Examinations  Committee ;]

(26)  “teacher”  means  a  member  of  the  teaching  staff,  and  includes  the

Head of a school ;

(27)  “Zilla  Parishad”  means  a  Zilla  Parishad  established  or  constituted

under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

Mah. V
of 1962.

1.

2.
3.
4.
5.
6.
*

Clause (20) shall be deemed to have been substituted with effect from the 7th August 1987,
by Mah.  23 of 1989, s. 2.
Clause (21) was substituted by Mah. 32 of 1990, s. 2(d).
Clause (22) was deleted by Mah. 30 of 1987, s. 2(d).
Clauses (24) and (25) were substituted by Mah. 32 of 1990, s. 2(e).
Clause (24A) was inserted by Mah. 14 of 2007, s. 10(c).
These words were substituted for the words “shikshan sevak” by Mah. 9 of 2012, s. 10(c).
Section 4 of Mah. 23 of 1989 read as under :—

4. It is hereby declared that the provisions of clause (20) of section 2 of the principal Act
having been retrospectively amended by section 2 of this Act, appeals, if any, led by any
employee of a local authority relating to any matters specified in clause (1) of section 9
before the 7th August 1987 shall be disposed of by the appellate authority competent to do
so ; and similar appeals if any, filed by an employee of a local authority before the Tribunal
on or after the 7th August 1987, shall be transferred to such competent authority as aforesaid
for disposal, as if clause (20) of section 2 of the principal Act, as amended by this Act had
been effective and continuously in force.

Consequences
of retrospective
amendement
of section 2(20)
of Mah. III of
1978.

1978 : Mah. III]

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

5

3.

(1) The provisions of this Act shall apply to all private schools in the
State  of  Maharashtra,  whether  receiving  any  grant-in-aid  from  the  State
Government  or  not.

Application of
Act.

(2) Notwithstanding anything contained in sub-section (1), the provisions
of  this  Act  shall  not  apply  to  the  recruitment 1[of  the  Head  of  a  minority
school  and]  any  other  persons  (not  exceeding  three)  who  are  employed  in
such school and whose names are notified by the Management to 2[the Director
or, as the case may be,] the Deputy Director for this purpose.

4.

(1) Subject  to  the  provisions  of  this  section,  the  State  Government
may  make  rules  providing  for  the  minimum  qualifications  for  recruitment
(including its procedure), duties, pay, allowances, post- retirement and other
benefits,  and other  conditions  of service  of employees  of  private schools  and
for  reservation  of  adequate  number  of  posts  for  members  of  the  backward
classes :

Terms and
conditions of
service of
employees of
private
schools.

Provided that, neither the pay nor the rights in respect of leave of absence,
age  of  retirement  and  post-retirement  benefits  and  other  monetary  benefits
of  an  employee  in  the  employment  of  an  existing  private  school  on  the
appointed date shall be varied to the disadvantage of such employee by any
such  rules.

(2) Every employee of a private school shall be governed by such code of
conduct as may be prescribed. On the violation of any provision of such code
of conduct the employee shall be liable to disciplinary action after conducting
an in  enquiry  such manner as may be prescribed.

(3) If the scales of pay and allowances, post-retirement and other benefits
of the employees of any private school are less favourable than those provided
by the rules made under sub-section (1), the Director shall direct in writing
the Management of such school to bring the same up to the level provided by
the said rules, within such period or extended period as may be specified by
him.

(4) Failure  to  comply  with  any  direction  given  by  the  Director  in
pursuance  of  sub-section  (3)  may  result  in  the  recognition  of  the  school
concerned  being  withdrawn,  provided  that  the  recognition  shall  not  be
withdrawn unless the Management of the school concerned has been given a
reasonable  opportunity  of  being  heard.

(5) No employee working in a private school shall work in any coaching
class. If any employee, in contravention of this provision, works in any coaching
class,  his  services  shall  be  liable  to  be  terminated  by  the  Management,
provided that no such order of termination shall be issued unless the employee
concerned  has  been  given  a  reasonable  opportunity  of  being  heard.

(6) No  employee  of  a  private  school  shall  be  suspended,  dismissed  or
removed or his services shall not be otherwise terminated or he shall not be
reduced in rank by the Management, except in accordance with the provisions
of this Act and the rules made in that behalf.

1.

These words were substituted for the words “Conditions of Service and Conduct and Discipline
of the Head of minority school or”, by Mah. 30 of 1987, s. 3.

2.

These words were inserted by Mah. 32 of 1990, s. 3.

6

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

[1978 : Mah. III

Director's
power to hold
or order
holding of
inquiries.

1[4A.

(1)  Notwithstanding  anything  contained  in  sub-section  (6)  of
section  4  or  any  other  provisions  of  this  Act  or  the  rules  made  thereunder,
where in any case of alleged misconduct or misbehaviour of a serious nature
or  moral  turpitude  of  an  employee,—

(a) an inquiry is held by an Inquiry Committee into such allegations and
the Director  is of the  opinion that  the Inquiry Committee  has unreasonably
exonerated  the  employee,  he  may  call  for  and  examine  the  record  and
proceeding  of  such  inquiry  for  the  purpose  of  satisfying  himself  as  to  the
correctness of the decision on the basis of its findings, and may either annul,
revise,  modify  or  confirm  the  said  decision  or  may  direct  the  Inquiry
Committee  to  make  further  inquiry  for  taking  such  additional  evidence  as
they  may  think  necessary  or  he  may  himself  take  or  authorise  any  other
officer  not  below  the  rank  of  the  Education  Officer  to  take  such  additional
evidence ;  and  while  making  an  order  under  this  clause,  if  the  Director  is
satisfied that the charges of serious misconduct, misbehaviour, or as the case
may be, moral turpitude have been substantially proved, he shall direct the
Management to impose on such employee any of the penalties as specified in
sub-section  (4) :

Provided  that,  the  Director  shall  not  record  any  order  under  this  sub-
section  without  giving  the  party  affected  thereby  and  the  Management  an
opportunity  of  being  heard.

(b)  the  Management  has  either  neglected  or  refused  to  hold  an  inquiry
against such employee in accordance with the provisions of this Act and the
rules made in that behalf, the Director shall direct the Management to initiate
action within thirty days from the receipt of such direction, for holding inquiry
into  the  allegation  against  such  employee  and  to  complete  the  same  in
accordance  with  such  provisions  and  rules.

(2) Where  there  is  a  failure  on  the  part  of  the  Management  to  initiate
action as directed under clause (b) of sub-section (1) to hold an inquiry and to
complete the same within the period prescribed under the rules, the Director
may himself hold, or direct any officer not below the rank of Education Officer
to hold, such inquiry.

(3) While  holding  an  inquiry  the  Director  or  the  officer  authorised  by
him shall follow the same procedure as is followed by the Inquiry Committee
under  the  rules  made  under  this  Act  as  if  the  Director  or  the  officer  so
authorised were an Inquiry Committee for the purpose of holding such inquiry.

(4) On holding such inquiry by the Director himself or on receipt of the
report  of  the  inquiry  officer,  if  the  Director  is  satisfied  that  the  charges  of
serious  misconduct,  misbehaviour  or,  as  the  case  may  be,  moral  turpitude
have  been  substantially  proved,  he  shall,  by  an  order  in  writing,  direct  the
Management  that a  penalty  of dismissal,  removal  from service,  termination
of  service,  or  as  the  case  may  be,  reduction  in  rank  as  he  may,  in  the
circumstances of the  case deem fit, be  imposed on the employee  concerned :

1. Section 4A was inserted by Mah. 30 of 1987, s. 4.

1978 : Mah. III]

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

7

Provided that, no such order shall be passed by the Director unless the
employee and the Management concerned are given a reasonable opportunity
of  showing  cause  against  the  proposed  order.

(5)  The  order  of  the  Director  under  clause  (a)  of  sub-section  (1)  or
sub-section  (4)  shall  be  binding  on  both  the  Management  and  the  employee
and the same shall be complied with by the Management within such period
as may be specified by the Director.]

5.

(1) The Management shall, as soon as possible, fill in, in the manner
prescribed, every permanent vacancy in a private school by the appointment
of a person duly qualified to fill such vacancy :

Certain
obligations of
Management of
private schools.

1[Provided that, unless such vacancy is to be filled in by promotion, the
Management shall, before proceeding to fill such vacancy, ascertain from the
Educational  Inspector,  Greater  Bombay, 2[the  Education  Officer, Zilla
Parishad or, as the case may be, the Director or the officer designated by the
Director  in  respect  of  schools  imparting  technical,  vocational,  art  or  special
education, whether there is any suitable person available on the list of surplus
persons maintained by him, for absoration in other schools and in the event
of such person being available, the Management shall appoint that person in
such vacancy.]

(2) Every  person  appointed  to  fill  a  permanent  vacancy 3[except
4[Assistant Teacher (Probationary)] shall be on probation for a period of two
years.  Subject  to  the  provisions  of  sub-sections  (3)  and  (4),  he  shall,  on
completion  of  this  probation  period  of  two  years,  be  deemed  to  have  been
confirmed :

5[Provided  that,  every  person  appointed  as 6[Assistant  Teacher

(Probationary)] shall  be on  probation for  a period  of three  years.]

7[(2A) Subject  to  the  provisions  of  sub-sections  (3)  and  (4), 8[Assistant
Teacher (Probationary)] shall, on completion of the probation period of three
years, be deemed to have been appointed and confirmed as a teacher.]

(3) If  in  the  opinion  of  the  Management,  the  work  or  behaviour  of  any
probationer,  during  the  period  of  his  probation,  is  not  satisfactory,  the
Management may terminate his services at any time during the said period
after giving him one month’s notice 9[or salary 10[or honorarium] of one month
in  lieu  of  notice].

1.

2.
3.

4.

5.

6.

7.
8.

This proviso was added by Mah. 30 of 1987, s. 5(a).

These words were inserted by Mah. 32 of 1990, s. 4.
These words were inserted by Mah. 14 of 2007, s. 11(a).

These  words  were  substituted  for  the  words  "shikshan  sevak"  by  Mah.  9  of  2012,
s. 11(a) (i).
This proviso was added by Mah. 14 of 2007, s. 11(b).

These  words  were  substituted  for  the  words  "shikshan  sevak"  by  Mah.  9  of  2012,
s. 11(a) (ii).

Sub-section (2A) was inserted by Mah. 14 of 2007, s. 11(c).
These  words  were  substituted  for  the  words  "shikshan  sevak"  by  Mah.  9  of  2012,
s. 11(b).

9.
These words were added by Mah. 30 of 1987, s. 5(b).
10. These words were inserted by Mah. 14 of 2007, s. 11(d).

8

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

[1978 : Mah. III

Obligations of
Head of
private school.

(4)  If  the  services  of  any  probationer  are  terminated  under  sub-section  (3)
and  he  is  reappointed  by  the  Management  in  the  same  school  or  any  other
school belonging to it within a period of one year from the date on which his
services  were  terminated,  then  the  period  of  probation  undergone  by  him
previously shall be taken into consideration in calculating the required period
of  probation  for  the  purposes  of  sub-section  (2).

1[(4A)  Nothing  in  sub-section  (2),  (3)  or  (4)  shall  apply  to  a  person
appointed  to  fill  a  permanent  vacancy  by  promotion  or  by  absorption  as
provided  under  the  proviso  to  sub-section  (1).]

(5) The Management may fill in every temporary vacancy by appointing
a  person  duly  qualified  to  fill  such  vacancy.  The  order  of  appointment  shall
be drawn up in the form prescribed in that behalf, and shall state the period
of  appointment  of  such  person.

6.

(1) 2[ If  –

(a) the Head of a private school or any person duly authorised by him in

that behalf,

(i)  makes  unauthorised  alterations  in  the  date  of  birth  of  any  student
recorded  in  the  General  Register  of  the  school  or  gives  a  school  leaving
certificate with the date of birth different from that recorded in the General
Register ;  or

(ii)  admits  any  student  from  an  unrecognised  educational  institution

without  a  written  order  of  the  Deputy  Director ;  or

(iii) gives accelerated promotion to, or detains any student, either of his
own  accord  or  at  the  instance  of  the  Management,  in  contravention  of  the
rules made in that behalf ; or

(b)  the  employee  of  a  private  school  is  dismissed  or  removed  or  his
services are otherwise terminated on account of misconduct, gross negligence
of  duties,  moral  turpitude,  mis-appropriation  of  school  money  or  material,
negligence  or  misconduct  or  both  in  connection  with  the  examinations  or
creation  of  communal  disharmony ;]

then  the  Director  may,  after  making  such  enquiries  as  he  thinks  fit,  by  an
order in writing debar the Head or such authorised person 3[or such employee]
from holding that post for a period of five years from the date of the order. If
after  the  said  period  of  five  years,  the  Head  or  such  authorised  person 3[or
such  employee]  is  found  to  have  committed  any  of  the  acts  aforesaid  again,
then  he  may,  after  giving  him  a  reasonable  opportunity  of  being  heard,  be
permanently debarred by the Director from holding such post in any private
school.

(2) After making any order under sub-section (1), the Director shall cause
the name of such Head or authorised person 4[or employee] to be entered in
a Black List Register maintained for the purpose, and communicate the name
of the Head or such person 4[or employee] to all the managements of private
schools in the State.

1.
2

3.
4.

Sub-section (4A) was inserted by Mah. 30 of 1987, s. 5(c).
This portion was substituted for the portion beginning with the words “if the Head” and
ending with the words “made in that behalf”, ibid. s. 6(1)(a).
These words were added, ibid, s. (6) (1) (b).
These words were added, ibid, s. 6 (2).

1978 : Mah. III]

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

9

7.

If  any employee  intends  to  resign his  post  in  any private  school,  at
any time after the appointed date, he shall draw up a letter of resignation in
duplicate and sign both the copies of that letter and put the date thereon. He
may then forward one copy to the Management by registered post and keep
the other copy  with him.

Procedure
 for
resignation by
employees of
private
schools.

8.

(1) The State Government shall, by notification in the Official Gazette,
constitute  one  or  more  Tribunals  to  be  called  “School  Tribunals”  and  define
the  jurisdiction  of  each Tribunal  in  such  notification.

Constitution
of School
Tribunals.

(2)  A  Tribunal  shall  consist  of  one  person  only  to  be  appointed  by  the

State  Government.

(3) A person shall not be qualified for appointment as a Presiding Officer

of a Tribunal unless,–

(a) he is holding or has held a judicial office not lower in rank than

that  of  Civil  Judge  (Senior  Division),

(b)  he  has  practised  as  an  Advocate  or  Attorney  for  not  less  than

seven  years,  or

(c) he is holding or has held an office not lower in rank than that of
Under  Secretary  to  Government,  Assistant  Commissioner  of  Labour  or
Deputy  Director  of  Education  in  the  State.

(4) The appointment of a person as a Presiding Officer of a Tribunal may
be on a full-time or a part-time basis, and may be for such period or periods,
but not exceeding five years in the aggregate, as the State Government may,
from time to time, in each case decide.

(5)  The  remuneration  and  other  conditions  of  service  of  the  Presiding

Officer  shall  be  determined  by  the  State  Government.

(6)  The  State  Government  shall  make  available  to  the  Tribunal  such
ministerial staff as may be necessary for the discharge of its functions under
this  Act.

(7) All expenditure on account of the remuneration, pension or provident
fund  contribution,  leave  allowance  and  other  allowances  and  facilities,  which
may be admissible to the Presiding Officer and the staff placed at his disposal,
shall be met from the Consolidated Fund of the State.

(8) If any vacancy, other than a temporary vacancy occurs, in the office of
the  Presiding  Officer  of  a  Tribunal,  the  State  Government  shall,  as  soon  as
possible, appoint another qualified person to fill the vacancy. Any proceedings
pending  before  the  former  Presiding  Officer  may  be  continued  and  disposed
of  by  his  successor  from  the  stage  at  which  they  were,  when  the  vacancy
occurred.

9.

(1) Notwithstanding anything contained in any law or contract for

the time being in force, 1[any employee in a private school—

(a) who  is  dismissed  or  removed  or  whose  services  are  otherwise
terminated  or  who  is  reduced  in  rank,  by  the  order  passed  by  the
Management ;  or

1. This portion was substituted for the portion beginning with the words “and employee in a
private school” and ending with the words and figure “section 8” by Mah. 30 of 1987, s. 7.

Right of
appeal to
Tribunal to
employees of
private
schools.

10

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

[1978 : Mah. III

(b) who is superseded by the Management while making an appointment

to any post by promotion,

and who is aggrieved, shall have a right of appeal and may appeal against any

such  order  or  supesession  to  the  Tribunal  constituted  under  section  8] :

Provided that no such appeal shall lie to the Tribunal in any case where
the matter has already been decided by a Court of competent jurisdiction or
is  pending  before  such  Court,  on  the  appointed  date  or  where  the  order  of
dismissal,  removal,  otherwise  termination  of  service  or  reduction  in  rank
was passed by the Management at any time before the 1st July 1976.

(2)  Such  appeal  shall  be  made  by  the  employee  to  the  Tribunal,  within
thirty days from the date of receipt by him of the order of dismissal, removal,
otherwise termination of service or reduction in  rank, as the case may be :

Provided  that,  where  such  order  was  made  before  the  appointed  date,

such appeal may be made within sixty days from the said date.

(3) Notwithstanding anything contained in sub-section (2), the Tribunal
may  entertain  an  appeal  made  to  it  after  the  expiry  of  the  said  period  of
thirty or sixty days as the case may be, if it is satisfied that the appellant has
sufficient  cause  for  not  preferring  the  appeal  within  that  period.

(4) Every appeal shall be accompanied by a fee of  1[five hundred] rupees,
which shall not  be refunded and shall  be credited to the  Consolidated Fund
of the State.

General
powers and
procedure of
Tribunal.

10.

(1) For the purposes of admission, hearing and disposal of appeals,
the Tribunal shall have the same powers as are vested in an Appellate Court
under  the  Code  of  Civil  Procedure,  1908,  and  shall  also  have  the  power  to
stay  the  operation  of  any  order  against  which  an  appeal  is  made,  on  such
conditions as it may think fit to impose and such other powers as are conferred
on it by or under this Act.

V of
1908.

(2)  The  Presiding  Officer  of  the  Tribunal  shall  decide  the  procedure  to
be  followed  by  the  Tribunal  for  the  disposal  of  its  business  including  the
place or places at which and the hours during which it shall hold its sittings.

(3)  Every  appeal  shall  be  decided  as  expeditiously  as  possible.  In  every
case,  endeavour  shall  be  made  by  the  Tribunal  to  decide  an  appeal  within
three  months  from  the  date  on  which  it  is  received  by  the  Tribunal.  If  the
Tribunal is unable to dispose of any appeal within this period, it shall put on
its  record  the  reasons  therefor.

Powers of
Tribunal to give
appropriate
reliefs and
directions.

11.

  (1)  On  receipt  of  an  appeal,  where  the  Tribunal,  after  giving
reasonable  opportunity  to  both  parties  of  being  heard,  is  satisfied  that  the
appeal does not pertain to any of the matters specified in section 9 or is not
maintainable  by  it,  or  there  is  no  sufficient  ground  for  interfering  with  the
order of the Management it may dismiss the appeal.

(2)  Where  the  Tribunal,  after  giving  reasonable  opportunity  to  both
parties  of  being  heard,  decides  in  any  appeal  that  the  order  of  dismissal,
removal,  otherwise  termination  of  service  or  reduction  in  rank  was  in
contravention of any law (including any rules made under this Act), contract
or conditions of service for the time being in force or was otherwise illegal or

1.

These words were substituted for the words “fifty” by Mah. 37 of 1997, s. 2.

1978 : Mah. III]

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

11

improper, the Tribunal may set aside the order of the Management, partially
or  wholly,  and  direct  the  Management,—

(a) to reinstate the employee on the same post or on lower post as it may

specify ;

(b)  to  restore  the  employee  to  the  rank  which  he  held  before  reduction

or to any lower rank as it may specify ;

(c)  to  give  arrears  of  emoluments  to  the  employee  for  such  period  as  it

may  specify ;

(d) to award such lesser punishment as it may specify in lieu of dismissal,
removal,  otherwise  termination  of  service  or  reduction  in  rank,  as  the  case
may be ;

(e)  where  it  is  decided  not  to  reinstate  the  employee  or  in  any  other
appropriate  case, 1[to  give  to  the  employee  twelve  months’  salary  (pay  and
allowances, if any), if he has been in the service of the school for ten years or
more  and  six  months’  salary  (pay  and  allowances,  if  any)  if  he  has  been  in
service of the school for less than ten years], by way of compensation, regard
being  had  to  loss  of  employment  and  possibility  of  getting  or  not  getting
suitable  employment  thereafter,  as  it  may  specify ;  or

(f)  to  give  such  other  relief  to  the  employee  and  to  observe  such  other
conditions as it may specify, having regard to the circumstances of the case.

(3) It  shall  be  lawful  for  the  Tribunal  to  recommend  to  the  State
Government  that  any  dues  directed  by  it  to  be  paid  to  the  employee,  or  in
case of an order to reinstate the employee any employments to be paid to the
employee  till  he  is  reinstated,  may  be  deducted  from  the  grant  due  and
payable, or that may become due and payable in future, to the Management
and  be  paid  to  the  employee  direct.

(4) Any  direction  issued  by  the  Tribunal  under  sub-section  (2)  shall  be
communicated  to  both  parties  in  writing  and  shall  be  complied  by  the
Management within the period specified in the direction, which shall not be
less than thirty days from the date of its receipt by the Management.

12. Notwithstanding anything contained in any law or contract for the
time  being  in  force,  the  decision  of  the  Tribunal  on  an  appeal  entertained
and  disposed  of  by  it  shall  be  final  and  binding  on  the  employee  and  the
Management ;  and  no  suit,  appeal  or  other  legal  proceeding  shall  lie  in  any
Court,  or  before  any  other  Tribunal  or  authority,  in  respect  of  the  matters
decided  by  the  Tribunal.

Decision of
Tribunal to be
final and
binding.

13.

(1) If the Management fails, without any reasonable excuse to comply
with  any  direction  issued  by  the  Tribunal 2[under  section  11  or  any  order
issued by the Director under clause (a) of sub-section (1) or sub-section (4) of
section  4A  within  the  period  specified  in  such  direction,  or  as  the  case  may
be, under sub-section (5) of section 4A or within such further period as may

Penalty to
Management
for failure to
comply with
Tribunal's
directions.

1.

2.

This portion was substituted for the words “to give such sum to the employee not exceeding
his emoluments for six months” by Mah. 30 of 1987, s. 8.

This portion was substituted for the portion beginning with the words “under section” and
ending with the word “Tribunal” by Mah. 30 of 1987, s. 9.

12

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

[1978 : Mah. III

be allowed by the Tribunal or Director as the case may be,] the Management
shall,  on  conviction,  be  punished,—

(a) for the first offence, 1[with imprisonment for a term which may
extend  to  fifteen  days  or  with  fine  which  may  extend  to  fifty  thousand
rupees,  or  with  both] :

Provided  that,  in  the  absence  of  special  and  adequate  reasons  to
the  contrary  to  be  mentioned  in  the  judgement  of  the  Court,  the  fine
shall not be less than 2[ten thousand rupees] ; and

(b) for the second and subsequent offences, 3[with imprisonment for
a term which may extend to fifteen days or with fine which may extend
to  seventy-five  thousand  rupees,  or  with  both] :

Provided  that,  in  the  absence  of  special  and  adequate  reasons  to
the  contrary  to  be  mentioned  in  the  judgement  of  the  Court,  the  fine
shall not be less than 4[twenty thousand rupees].

(2)  (a)  Where  the  Management  committing  an  offence  under  this
section  is  a  society,  every  person,  who,  at  the  time  the  offence  was
committed, was in charge  of and was responsible to the  society, for the
conduct of the affairs of the society, as well as the society, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished  accordingly :

Provided  that,  nothing  contained  in  this  sub-section  shall  render
any  person  liable  to  the  punishment,  if  he  proves  that  the  offence  was
committed  without  his  knowledge  or  that  he  had  exercised  all  due
diligence  to  prevent  the  commission  of  the  offence.

(b)  Notwithstanding  anything  contained  in  clause  (a),  where  the
offence has been committed by a society and it is proved that the offence
has been committed with the consent or connivance of, or is attributable
to any neglect on the part of, any president, chairman, secretary, member,
Head or manager or other officer or servant of the society, such president,
chairman, secretary, member, Head or manager or other officer or servant
concerned shall be deemed to be guilty of the offence and shall be liable
to  be  proceeded  against  and  punished  accordingly.

Explanation.—For the purposes of this section, “society” means a society
registered  under  the  Societies  Registration  Act,  1860,  or  a  public  trust
registered  under  the 5[Maharashtra  Public  Trusts  Act],  or  any  other  body
corporate, and includes an association or body of persons, by whatever name
called, under whose management one or more private schools are conducted.

XXI of
1860.
XXIX of
1950.

1.

2.
3.

4.
5.

These words were substituted for the words “with fine which may extend to one thousand
rupees” by Mah. 17 of 1995, s. 2(1)(a),
These words were substituted for the words “five hundred rupees”, ibid., s. 2(1)(b).
These words were substitued for the words “with fine which may extend to two thousand
rupees”, ibid., s. 2(2)(b).
These words were substituted for the words “five hundred rupees”, ibid., s. 2(2)(b).
Short title "Bombay Public Trusts Act, 1950" was substituted by Mah. XXIV of 2012, Schedule,
entry 43.

1978 : Mah. III]

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

13

14. Notwithstanding anything contained in any law for the time being
in force, a legal practitioner shall not be entitled to appear on behalf of any
party  in  any  proceedings  before  the 1[Director  or  the  Tribunal]  except  with
the  special  permission  of  the 1[Director  or  the  Tribunal] :

Legal
practitioners
excluded from
appearance.

Transfer of
pending
appeals  to
Tribunal.

2[Provided  that,  the  appellant  shall,  if  he  so  desires,  be  allowed  to
represent  himself  before  the  Director  or  the  Tribunal  through  any  other
person of his choice who shall be an employee in the same or any other private
school.  Such  representative  shall  obtain  permission  to  do  so  form  the
Management  of  his  school.]

15. All  appeals  of  employees 3[or,  as  the  case  may  be,  of  the
Managements] of private schools relating to the matters specified in section
9, which may be pending 4* * * before the Department or the Director or an
Officer  sub-ordinate  to  him,  as  the  case  may  be,  in  accordance  with  the
provisions of the Secondary Schools Code, shall be transferred to the Tribunal
5* * * . The Tribunal shall hear and dispose of every such appeal, as if it were
made  under  section  9,  provided  that  the  prescribed  fee  of  Rs.  50  is  paid  by
the employee 6[or the Management, as the case may be,] within one month of
the receipt of a notice given to him by the Tribunal for that purpose :

7[Provided  that  any  such  appeal  decided  by  the  Department,  or  the
Director, or an officer sub-ordinate to him, during the period commencing on
the  date  of  coming  into  force  of  this  Act  and  ending  on  the  date  of
commencement of the Maharashtra Employees of Private Schools (Conditions
of  Service)  Regulation  (Amendment)  Act,  1987,  in  accordance  with  the
directions of the High Court of Bombay, shall be deemed to have been validly
decided,  as  if  the  Department  of  the  Director  or  the  officer  sub-ordinate  to
him had, notwithstanding anything contained in this Act, the jurisdiction to
decide  the  same.]

8[Explanation.—For  the  purpose  of  this  section,—

(a)  appeals  of  the  employees  or,  as  the  case  may  be,  of  the
Management relating to the matters specified in clause (a) of sub-section
(1) of section 9 ; and

(b) appeals of employees or, as the case may be, of the Management
relating to the matters specified in clause (d) of sub-section (1) of section 9,

means, respectively,  the appeals  pending on  the appointed  date and  on
the  date  of  commencement  of  the  Maharashtra  Employees  of  Private
Schools  (Conditions  of  Service)  Regulation  (Amendment)  Act,  1987,
before the Department or the Director or an officer sub-ordinate to him,
as the case may be.]

1.
2.
3.
4.
5.

6.
7.
8.

These word were substituted for the words “Tribunal” by Mah. 30 of 1987, s. 10(a).
This proviso was added, ibid., s. 10(b).
These words shall be deemed always to have been inserted, ibid., s. 11(a).
The words “on the appointed date” were deleted by Mah. 23 of 1989, s. 3(a).
The words “as soon as it constituted” shall be deemed always to have been deleted by Mah.
30 of 1987, s. 11(b).
These words were inserted by Mah. 23 of 1989, s. 3(b).
This proviso was added by Mah. 30 of 1987, s. 11(c).
This Explanation  shall  be  deemed  always  to  have  been  added  by  Mah.  23  of  1989,
s. 23(e).

Mah.
XXX of
1987.

Mah.
XXX of
1987.

14

Maharashtra Employees of Private Schools
(Conditions of Service) Regulation Act, 1977

[1978 : Mah. III

Rules.

16.

(1)  The  State  Government  may,  by  notification  in  the Official

Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing
power,  such  rules  may  provide  for  all  or  any  of  the  following  matters,
namely :—

(a) the  minimum  qualifications  for  recruitment  of  employees  of

private  schools  (including  its  procedure) ;

(b) their  scales  of  pay  and  allowances ;

(c) their  post-retirement  and  other  benefits ;

(d) the other conditions of service of such employees including leave,

superannuation,  re-employment  and  promotion ;

(e) the  duties  of  such  employees  and  Code  of  Conduct  and

disciplinary  matters ;

(f) the  manner  of  conducting  enquiries ;

(g) any other matter which is required to be or may be prescribed.

1[(2A) The power to make rules under clauses (a) to (d) conferred by sub-
section (2) shall include the power to give retrospective effect to the rules or
any  of  them  but  no  retrospective  effect  shall  be  given  to  any  rule  so  as  to
prejudicially  affect  the  interests  of  any  person  to  whom  such  rule  may  be
applicable.]

(3)  All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of

previous  publication.

(4) Every rule made under this Act shall be laid, as soon as may be, after
it is made before, each House of the State Legislature, while it is in session
for a total period of thirty days, which may be comprised in one session or in
two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session
immediately  following  the  session  or  the  successive  sessions  aforesaid,  both
Houses  agree  in  making  any  modification  in  the  rule  or  both  Houses  agree
that  the  rule  should  not  be  made,  and  notify  such  decision  in  the Official
Gazette, the rule shall from the date of publication of such notification have
effect,  only  in  such  modified  form  or  be  of  no  effect  as  the  case  may  be ;  so,
however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done or omitted to be done under that
rule.

1 Sub-section  (2A)  shall  be  deemed  always  to  have  been  inserted  by  Mah.  30  of  1987,

s. 12.

GOVERNMENT CENTRAL PRESS, MUMBAI

